SARNIA CITY COUNCIL
November 10, 2014 4:00 p.m. COUNCIL CHAMBERS, CITY HALL SARNIA, ONTARIO
AGENDA Page
THERE IS NO CLOSED MEETING
"O CANADA"
OPENING PRAYER
Reverend Melanie Kirk, St. Luke’s United Church
Disclosures of Pecuniary Interest (Direct or Indirect) and the General Nature Thereof
PRESENTATION
7-8 1. 2014 Accessibility Awards
PUBLIC MEETING
9-26 1. Director of Planning and Building, dated November 3, 2014, regarding Rezoning Application 3-2014-85 of 2002 - 608 Errol Rd. West (see by-law #4)
Applicant: Gilpin Funeral Chapel Ltd. Agent: Francis De Sena – Barrister & Solicitor Location: 608 Errol Road West
Speakers: 1. Edgar Almeida - 1064 Newell St. 2. Brian Joyce - 618 Errol Rd. W.
That Application No. 3-2014-85 of 2002 be APPROVED as follows:
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PUBLIC MEETING
1. Zoning Amendment
That Zoning By-Law 85 of 2002 be amended as follows:
A) That Section 2 – Definitions be amended to add the following new definition:
“funeral chapel” – means a building or structure designed or used primarily for funeral services and may provide accessory uses including an office for the provision of funeral-related services, but does not include the display of goods or the facilities intended for the preparation of a dead human body for interment or cremation.”
B) Section 7.3 - Urban Residential 1 (UR1) – Site and Area Specific Regulation is amended by adding a new Subsection 7.3.48 as follows:
“7.3.48 UR1-48
7.3.48.1 Permitted Uses 1. A funeral chapel in the building as it existed on the date of the passing of the by-law. 2. Those uses permitted in Section 7.1
7.3.48.2 Site Zone Regulations 1. Setbacks: (min) all setbacks shall be as they existed on the date of passing of this By-law; 2. Floor Area (max) the maximum floor area permitted for accessory uses shall be 102m2; 3. Freestanding Sign any freestanding sign shall be subject to the City’s Sign By-law provisions that apply to church signs in residential zones; 4. Parking parking shall be as it exists on the date of the passing of the by-law; 5. All Other Regulations the regulations set out in Section 7.2.2 shall apply.”
RESOLUTIONS:
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RESOLUTIONS:
Moved by Councillor Gillis, seconded by Councillor McEachran
CORRESPONDENCE
27-28 1. Acting Director of Parks and Recreation, dated October 28, 2014, regarding Sarnia Arena – Roof-Top HVAC Replacement
That Sarnia City Council accept the quotation from Poleair Technical Inc., Sarnia, ON in the amount of $18,791.00 including non-rebatable HST to supply and install one 10-Ton Heat/Cool Rooftop Unit complete with factory economizer to replace the existing Sarnia Arena change room/washroom heating unit. 29-30 2. City Clerk, dated October 28, 2014, regarding Appointment to the Joint Compliance Audit Committee (see by-law #3)
That Council accept the resignation of Cam Ivey from the Joint Compliance Audit Committee, and appoint Gerald Young as an alternate to the Committee. 31-33 3. City Manager, dated October 31, 2014, regarding Arena Management Study RFP – Operational Review Component
That Council authorize the additional expenditure of $24,492.36, including the non-rebatable portion of HST, for the Parks & Recreation Department operational review approved as part of the Arena Management Study award of contract to Montieth Brown Planning Consultants on September 8, 2014; and
That Council authorize the use of the Parks and Recreation Reserve to fund this additional contract expense. 35-40 4. City Engineer, dated October 28, 2014, regarding East Street Parking By-Law Amendments (see by-law #5 and #6)
That Council approves the amending of By-Law 100 of 1996 pertaining to parking regulations on East Street
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CORRESPONDENCE
between Lincoln Park Avenue and London Road. 41-45 5. Acting Director of Parks and Recreation, dated October 31, 2014, regarding Waterfront Regeneration Trust – Cycling Route
That the City of Sarnia advise the Waterfront Regeneration Trust (WRT) that it wishes to participate in the extension of the Waterfront Trail through the City;
That the City advise the WRT that it will supply hardware and labour for the installation of the required Waterfront Trail signage on roads which are under the City's jurisdiction.
MINUTES
47-48 Minutes of September 22, 2014 - Corporate Priorities/Strategic Planning Meeting 49-62 Minutes of September 29, 2014 - Regular Meeting
INQUIRIES, INFORMATION AND URGENT MATTERS
ROUTINE APPROVALS, ACTION AND INFORMATION
63-66 A. Acting City Solicitor, dated October 22, 2014, regarding Tudor Close West Partial Closure and Sale to Adjacent Owners (see by-law #1)
That Sarnia City Council authorize the stopping up and closing of a portion of Tudor Close West identified as Part 7 on Reference Plan 25R-8948.
That Sarnia City Council declare Part 7 on Reference Plan 25R-8948 surplus.
That Sarnia City Council authorize the sale of this part to the owners of the adjacent property (760 Tudor Close West) at $1.00 per square foot, on condition that the purchaser will pay for all costs of the transfer.
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ROUTINE APPROVALS, ACTION AND INFORMATION
That Sarnia City Council grant an easement to utility companies, if required.
That the Mayor and Clerk be authorized to sign the necessary documentation. 67-69 B. Acting City Solicitor, dated October 21, 2014, regarding Licence of Parkland at Wayne Avenue from Enbridge Pipelines Inc. (see by-law #2)
That Sarnia City Council approve the licence of parkland at Wayne Avenue from Enbridge Pipelines Inc. for five (5) more years; and
That the Mayor and Clerk be authorized to sign the licence agreement between the City and Enbridge Pipelines Inc. to effect the licence 71-72 C. City Engineer, dated October 20, 2014, regarding Screening Compost Payment
For Information 73-77 D. City Clerk, dated November 3, 2014, regarding Council Orientation
For Information
CIVIC REPORTS
79 1. Raffle Report - September 2014 81-82 2. Plumbing Report - September 2014
BY-LAWS
83-87 1. For 1st, 2nd and 3rd A By-Law to Stop Up, Close and Sell Part Readings: of Tudor Close West in the City of Sarnia Re: 760 Tudor Close West (see Agenda Info Item A) 89-95 2. For 1st, 2nd and 3rd A By-Law to Authorize an Agreement with Readings: Enbridge Pipelines Inc. Re: Licence Parcel of Land at Wayne Avenue (see Agenda Info Item B)
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BY-LAWS
97-98 3. For 1st, 2nd and 3rd A By-Law to Amend By-Law Number 86 of Readings: 2014 Re: Compliance Audit Committee (see Correspondence #2) 99-102 4. For 1st, 2nd and 3rd A By-Law to Amend By-law Number 85 of Readings: 2002 Re: 608 Errol Road West (see Public Meeting #1) 103-105 5. For 1st, 2nd and 3rd A By-Law to Amend By-Law Number 100 of Readings: 1996 (Re: Schedule 3.1 – No Parking Anytime) (see Correspondence #4) 107-108 6. For 1st, 2nd and 3rd A By-Law to Amend By-Law Number 100 of Readings: 1996 Re: Schedule 6.3.1 – Two Hour Parking Limit, 8:00am to 4:00pm – Monday to Friday (see Correspondence #4) 109-111 7. For 1st, 2nd and 3rd A By-Law to Confirm the Proceedings of Readings: Council at its Meeting held on November 10, 2014
ADJOURNMENT
Budget Input/Grants Meeting 5:00pm
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THE CORPORATION OF THE CITY OF SARNIA People Serving People
Human Resources Department
OPEN SESSION REPORT
TO: Mayor Bradley and Members of Sarnia City Council
FROM: Chris Armstrong, Human Resources Manager
DATE: October 28, 2014
SUBJECT: Accessibility Awards
Recommendation:
For Council’s information
Background: The City of Sarnia Accessibility Awards recognizes local businesses and individuals that have excelled in promoting an inclusive environment and shopping experience for people with disabilities.
For the awards, the Sarnia Accessibility Advisory Committee partnered with the Breaking Barriers to Business Program and asked members of the community for nominations.
The awards have been broken-down into the following categories: • Prelude to Excellence (large and small business) • Exceptional leadership in Customer Service • Creating opportunities for an Accessible Community • Exceptional Accessible Physical Environment • Going Above and Beyond Award
The awards will be given out at Sarnia City Council meeting on November 10, 2014. A reception will be held for the winners at City Hall after the awards have been given out.
Comments: The 2014 Accessibility Award Winners are:
• Dollar Tree – Prelude to Excellence (large business)
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• St. Clair Auto Repair – Prelude to Excellence (small business) • The Beer Store (Confederation Street) – Exceptional Leadership in Customer Service • Bluewater Cheer – Creating Opportunity for an Accessible Community • Galaxy Theatres – Exceptional Accessible Physical Environment • Imperial Theatre and Sunset Golf Course – Going Above and Beyond Award
All these businesses offer exceptional customer service and create an environment that encourages autonomy and independence for people with disabilities.
Consultation: The Accessibility Coordinator, members of SAAC, and the Coordinator of the Breaking Barriers to Business Program provided consultation on all nominations.
Financial Implications: None
Reviewed by: Approved by:
Chris Armstrong Margaret Misek-Evans Human resources Manager City Manager
This report was prepared by Dale Mosley, Accessibility Coordinator
Attachment(s): None
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THE CORPORATION OF THE CITY OF SARNIA People Serving People
PLANNING AND BUILDING DEPARTMENT
OPEN SESSION REPORT
TO: Mayor Bradley and Members of Sarnia City Council
FROM: P. Jane Cooper – Director of Planning and Building
DATE: November 3rd, 2014
SUBJECT: APPLICATION: 3-2014-85 of 2002 APPLICANT: Gilpin Funeral Chapel Ltd. AGENT: Francis De Sena – Barrister & Solicitor LOCATION: 608 Errol Road West
Recommendation: It is recommended that Application No. 3-2014-85 of 2002 be APPROVED as follows:
1. Zoning Amendment
That Zoning By-Law 85 of 2002 be amended as follows:
A) That Section 2 – Definitions be amended to add the following new definition:
“funeral chapel” – means a building or structure designed or used primarily for funeral services and may provide accessory uses including an office for the provision of funeral-related services, but does not include the display of goods or the facilities intended for the preparation of a dead human body for interment or cremation.”
B) Section 7.3 - Urban Residential 1 (UR1) – Site and Area Specific Regulation is amended by adding a new Subsection 7.3.48 as follows:
“7.3.48 UR1-48
7.3.48.1 Permitted Uses 1. A funeral chapel in the building as it existed on the date of the passing of the by-law.
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2. Those uses permitted in Section 7.1
7.3.48.2 Site Zone Regulations 1. Setbacks: (min) all setbacks shall be as they existed on the date of passing of this By-law; 2. Floor Area (max) the maximum floor area permitted for accessory uses shall be 81.75m2 (880 ft 2) 3. Freestanding Sign any freestanding sign shall be subject to the City’s Sign By-law provisions that apply to church signs in residential zones; 4. Parking parking shall be as it exists on the date of the passing of the by-law; 5. All Other Regulations the regulations set out in Section 7.2.2 shall apply.”
Background: a) Proposal The Applicant is proposing to change the zoning of the subject lands from an Urban Residential 1 (UR1) Zone to an Urban Residential 1 (UR1) Site Zone, to permit a ‘funeral chapel’ with an office and accessory sale of services in the existing building on the property.
The applicant Gilpin Funeral Chapel Ltd currently based in Forest (Lambton Shores) has advised that it is proposed to open a new chapel to serve the needs of residents in Sarnia. The accessory administrative office would be used for the sale of funeral packages. There would be no display of goods, internment or preparation of the deceased body at this location.
b) Location and Area Development The subject property is located on the north side of Errol Road West, between Colborne Road and Newell Street. The property is bounded by single detached residential dwellings on the east, west and north sides. A municipal park (Sparky Park) is located along the northern boundary of the site. The surrounding neighbourhood consists predominantly of single detached residential dwellings.
c) Site Characteristics The existing building was constructed in 1973, and was built specifically as a church for the local Jehovah Witness community. The property is still being used as a church; however, the Jehovah Witness community
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is trying to sell this property so that they can consolidate their operation at an alternate location. Currently a range of activities occur within the premises including, religious services and community activities on a daily basis.
The building has main floor area of approximately 4,400ft2 (409m2) and a partial 600ft2 (55.7m2) basement which contains the building utilities and storage space. d) The County’s Official Plan Evaluation The County of Lambton Official Plan provides a regional framework for managing growth. The site is designated as Urban Centre on Map 1: “Growth Strategy” which permits a wide range of residential, institutional, commercial and industrial land uses.
Policy 2.1.1 states: Patterns of development will be established so as to minimize disruption to existing residential uses, protect the physical character and vitality of established neighbourhoods and communities, and to conserve cultural and natural heritage features and resources.
The subject building was built specifically for non-residential purposes and the applicant advises it is no longer needed for its original use. Staff agree that there is justification to support the conversion of this structure provided it is repurposed in a manner that is similar in nature to the original use. The proposed use as a ‘funeral chapel’ would not be disruptive to the surrounding residential neighbourhood and would help reduce the vacancy rates for existing non-residential buildings in the City.
For this reason, the proposed development conforms to the County’s Official Plan policies. e) Provincial Policy Statement Evaluation The application being considered is site specific to accommodate a specific proposal and does not involve any major policy issues regarding the Provincial Polity Statement (PPS).
With respect to the PPS, staff notes that the repurposing of the subject building for a similar use is in keeping with the PPS directives to planning authorities, to promote more efficient land use and intensification through the encouragement of appropriate re-use of land. It is the opinion of the City’s Planning Department that the proposal to establish a funeral chapel with an accessory office for the sale of funeral
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services in a building that was purpose-built and used as a church is “consistent with” the Provincial Policy Statement. f) The City’s Official Plan Evaluation The City of Sarnia Official Plan designates the property as Urban Residential on Schedule “A”. This designation permits residential uses and non-residential uses that are compatible with dwellings and serving the needs of the local residents, such as a “place of religious worship” (S 2.3.2.1.3). These compatible non-residential uses are subject to a number of policies including, “the provision of adequate off-street parking to serve the particular use”.
A ‘funeral chapel’ is not defined in the City’s Official Plan or in the Zoning By-law. Staff therefore consulted the Oxford English Dictionary to find a definition of a chapel. The dictionary defines a chapel as “place of Christian worship other than a parish church or cathedral”. The word “chapel” is derived from the French term “chapel ardente”, which means a “chamber prepared for lying-in-state of great personage and lit up with candles.
Through discussions with the applicant, Staff understands that the applicant is not proposing a ‘funeral home’ as defined by the Zoning Bylaw where preparation of the deceased body is performed on-site. The intent is to establish a new chapel which will be open to the public for visitations and funeral services.
Staff has taken the interpretation that the proposed ‘funeral chapel’ is similar in scale, function and intensity with a church and together with its accessory office and sale of funeral services can be contemplated in this instance under the existing Urban Residential designation.
To determine the appropriateness of the proposed re-purposing of the church building to the proposed uses, staff has evaluated the proposed re-use of the site in concert with the policies for Residential Areas, Section 5.9 – “Land Use Compatibility”, Section 5.10 – “Neighbourhoods” and Section 5.11 – “Stable Areas” and has the following comments:
1. Does the introduction of the proposed use into a low density residential neighbourhood constitute good planning? 2. Does the proposed use adhere to the “Stable Area” policies of the Official Plan?
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Staff have researched the location and function of similar ‘funeral chapels’ in other jurisdictions and note that these facilities serve to provide a place to conduct a funeral service prior to burial or cremation. Staff was informed by an independent funeral service company (Basic Funerals) in Toronto that the chapels they offer to mourners are used by persons of non-denominational Christian faith and followers of other faiths, who wish to have a funeral gathering prior to burial and/or cremation. Further, these chapels are located in or in proximity to a cemetery and crematorium which makes them convenient for mourners to get from the chapel to the final resting place of the deceased. The subject building is located close to Lakeview Cemetery, which is the main public cemetery in Sarnia.
1. Does the proposed use as a chapel with an office and accessory sale of services for a funeral service business in a residential neighbourhood constitute good planning?
With respect to the proposed office and accessory sale of services uses for a funeral business, staff notes that applicant – Gilpin Funeral Chapel Ltd. – is currently based in Forest and is requesting to open a second facility to serve residents of Sarnia. The proposed uses are similar in nature to other local commercial uses that are permitted in residential areas and would be in keeping with the local commercial uses (the convenience store at the corner of Errol and Colborne Roads) and the monument shop (Lambton Memorials) that are located in proximity of the subject site.
The proposed uses are similar in nature and operation to the non- residential use that existed on the property since the property was developed. The property was developed specifically as a place of Christian worship. Because of its unique construction and lay-out there are very few other uses that can be accommodated in the building without requiring extensive internal renovations or a total redevelopment of the site.
The proposed repurposing of the church building as a funeral chapel is similar in nature to a church except the proposal would be for gain and an accessory office and sale of services would now be introduced on the site. The additional services are considered low-impact uses that can easily be integrated into a residential neighbourhood with minimal impact to the surrounding residences.
Staff contends that the proposed introduction of a funeral chapel into the existing church building represents a good adaptive re-use of the
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site and it would assist to minimize the vacancy of existing non- residential space in the City. It is staff’s opinion that the proposed use would not be disruptive to the residents in the area and would not have a destabilizing effect on the neighbourhood and therefore represents good planning.
2. Does the proposed use adhere to the “Stable Area” policies of the Official Plan.
With respect to the Residential Area Stability policy Sections 5.19, 5.10 & 5.11, staff notes that the proposed use of all land in the City must be compatible with adjacent land uses and that the City contains a number of residential neighbourhoods which, because of their particular history and character, lend variety and vitality to the residential environment. While these distinct residential areas are not geographically defined in the OP, they are recognized as being of fundamental importance to the residents' sense of community.
It is the policy of the OP to protect stable areas from redevelopment which may result in adverse impacts by disrupting the established uses on adjacent sites in the surrounding area. Staff is of the opinion that the subject property forms part of a stable residential area, because it was directly integrated into the surrounding neighbourhood by it being flanked on all sides by residential dwellings. The subject property is therefore similar to other places of worship that exists in residential neighbourhoods. Because there would be no external modifications to the building or the site, the visual impact of the building on the surrounding neighbourhood would not change. It is likely therefore, that the proposed use will also be integrated into the neighbourhood in the same manner as the former place of worship and as such the stability of the area would be maintained. g) Office and accessory sale of services, Parking and Signs for a Chapel
Accessory Floor Space The subject building has a usable main floor area of approximately 409 m2 (4,400ft.2) and the property presently has 58 parking spaces. The applicant has confirmed that there will be one full time employee on site between the hours of 10am-4pm on a daily basis. Additional part time staff may be appointed to assist with services as necessary. Having regard to the applicant’s proposals for the site and the intended uses it is considered that a limit on the extent of the accessory uses would be appropriate to ensure the development does not adversely impact on
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residential amenities within the area. Staff is of the opinion that an office space of 81.75 sq.m (880 sq. ft) or 20% of the main floor area is ample space to accommodate one employee and for the other related accessory funeral chapel use. Staff’s recommendation is therefore to allow 80% of the main floor area to be used for the chapel and 20% of the floor area to be used for the other accessory uses.
Parking As stated above, the subject building has a usable main floor area of approximately 409m2 (4,400ft.2). If this floor area is divided (as proposed by staff) on a ratio of 80% (327 m2) for the primary chapel use and 20% (81.75m2) for the accessory office use, the proposed parking would be as follows: - for the chapel (using the same rate as for a church) would be 55 spaces (327 m2/6), using the 1 per 6 fixed seats or 1 per 6m2 for an auditorium or other place of assembly, whichever is greater parking ratio); and - for the accessory office and sale of services would be 3 spaces (1 per 30m2 for an office).
As the site already contains 58 spaces, staff is satisfied that the existing parking meets the needs of the existing permitted uses and proposed uses, in accordance with the provisions of the zoning by-law. However, to ensure that there is no adverse impact on the adjacent residential dwellings, staff note that any proposed expansion to the parking area require a rezoning of the property.
Signs With regards to signage, the City’s Sign By-law does not permit commercial signs in residential zones. Given the history of commercial operations being located in residential neighbourhoods and the need to have a sign on the property to make it easier for clients to locate the operation, staff is of the opinion that any sign on the property should be subject to the provisions of the Sign By-law respecting signs in residential zones.
Comments: Staff recognizes that the building itself is suitable for use as a chapel with little modification due to the interior layout of the building. Staff does not anticipate that the proposed use would negatively impact the existing residential uses in the immediate vicinity of the site.
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Staff supports the request to amend the Zoning By-law to permit a chapel with an office and accessory sale of services for a funeral chapel business at the subject location for the following reasons:
The proposed development: - is consistent with the Provincial Policy Statement; - is consistent with the intent and purpose of the City of Sarnia Official Plan; - is compatible with the existing residential development in the immediate area; - is an appropriate re-use of an existing building that will help to alleviate the over-supply of vacant developed spaces in the city; and, - represents good planning.
Staff’s recommendation is, therefore, to amend the Zoning By-law to permit a site-specific ‘funeral chapel’ use with accessory office and sale of services to the list of permitted uses on this parcel. The site-specific regulations include a new definition for such a ‘funeral chapel’ and appropriate zoning provisions will be included in the implementing By-law.
Consultation: The Application was circulated to a number of Agencies, other City Departments in addition to the required public notification in the local newspaper. No objections were received.
Financial Implications: Municipal revenue will be accrued with the re-assessment of the property from a non-taxable class to a taxable class.
Reviewed by: Approved by:
P. Jane Cooper Margaret Misek-Evans Director of Planning and Building City Manager
This report was prepared by Max Williams - Planner II Attachments: Appendix A – Land Use Map Attachments: Appendix B – Survey of Property
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Appendix A - LAND USE MAP
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Appendix B – Survey of Property
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THE CORPORATION OF THE CITY OF SARNIA People Serving People
PARKS and RECREATION
OPEN SESSION REPORT
TO: Mayor Bradley and Members of Sarnia City Council
FROM: Barry LaPlante – Acting Director of Parks and Recreation
DATE: October 28, 2014
SUBJECT: Sarnia Arena – Roof-Top HVAC Replacement
Recommendation: It is recommended:
1. That Sarnia City Council accept the quotation from Poleair Technical Inc., Sarnia, ON in the amount of $18,791.00 including non-rebatable HST to supply and install one 10-Ton Heat/Cool Rooftop Unit complete with factory economizer to replace the existing Sarnia Arena change room/washroom heating unit.
Background: The Sarnia Arena is a 60+ year old arena facility that serves the City’s hockey and figure skating groups and is home to the Sarnia Legionnaires Junior ‘B’ Hockey Club. The Sarnia Arena is part of six arena facilities currently operated by the City.
Comments: During a regular inspection of the Sarnia Arena’s roof-top heating units in early October it was discovered that the unit serving the facility’s dressing rooms and washrooms areas has developed several cracks in its heat exchanger. Unfortunately, this cannot be repaired and the unit needs to be replaced. Quotations were received as follows:
Abram Sheet Metal Inc. Poleair Technical Inc. $24,066.24 Option 1 - $23,330.51 Option 2 - $18,791.00 *the above prices include non-rebatable HST
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This replacement project includes: • Removal and disposal of the existing unit • Installation of new roof-top curbing and roof openings to accommodate the new unit • Re-connection to the existing ductwork system, electrical supply and gas supply • 2 crane lifts • Re-roofing, as required
This replacement does not include: • Additional structural steel to accommodate the new unit. The cost of this, if required, will be additional and will be determined once the roofing and curb placement is complete.
Consultation: This report was prepared in consultation with Finance, City Manager and Parks and Recreation staff.
Financial Implications: Funding for this expenditure will be from the City’s Capital Reserve Fund. The Capital Reserve Fund currently has a balance of just over $730,000.00.
Prepared by: Approved by:
Barry LaPlante Acting Director of Parks and Margaret Misek-Evans Recreation City Manager
Attachments: None
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THE CORPORATION OF THE CITY OF SARNIA People Serving People
CITY CLERK’S DEPARTMENT
OPEN SESSION REPORT
TO: Mayor Bradley and Members of Sarnia City Council
FROM: Nancy Wright-Laking, City Clerk
DATE: October 28, 2014
SUBJECT: Appointment to the Joint Compliance Audit Committee
Recommendation: It is recommended:
1. That Council accept the resignation of Cam Ivey from the Joint Compliance Audit Committee, and appoint Gerald Young as an alternate to the Committee.
Background: At its meeting held on September 8, 2014, Sarnia City Council established a Joint Compliance Audit Committee with other Lambton County Municipalities, and appointed members to the Committee.
Staff have recently received notification that Cam Ivey has resigned from the Committee. Gerald Young, a qualified candidate, has come forward to act as an alternate, and is being recommended by all of the municipalities involved in the Joint Compliance Audit Committee.
Comments: Gerald (Gerry) Young retired from the Lambton-Kent District School Board in 2001, after 32 years of service with the former Sarnia, Lambton County and Lambton-Kent School Boards. He retired as their Superintendent of Business. Prior to joining the Sarnia School Board in 1969, he worked for the Bank of Montreal for 5 years.
Consultation: The Clerks from the municipalities involved in the Joint Compliance Audit Committee have been consulted, and are in agreement with this recommendation.
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Financial Implications: A retainer fee of $200 is provided which includes compensation for review of any background materials. For each meeting attended, the committee members will be paid the meeting rate and mileage rate of the host member municipality.
Prepared by: Approved by:
Nancy Wright-Laking Margaret Misek-Evans City Clerk City Manager
Attachment(s): none
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THE CORPORATION OF THE CITY OF SARNIA People Serving People
CITY MANAGER
OPEN SESSION REPORT
TO: Mayor Bradley and Members of Sarnia City Council
FROM: Margaret Misek-Evans, City Manager
DATE: October 31, 2014
SUBJECT: Arena Management Study RFP – Operational Review Component
Recommendation: It is recommended:
1. That Council authorize the additional expenditure of $24,492.36, including the non-rebatable portion of HST, for the Parks & Recreation Department operational review approved as part of the Arena Management Study award of contract to Montieth Brown Planning Consultants on September 8, 2014; and 2. That Council authorize the use of the Parks and Recreation Reserve to fund this additional contract expense.
Background: At its meeting held on September 8, 2014, Sarnia City Council awarded the arena management study, including the operational review, to Monteith Brown Planning Consultants. The total cost of the award was reported to be $74,100.36 including non-rebatable portion of HST, as verified by the former Director of Parks & Recreation to the Acting City Manager at the time the report was prepared. Following the award, during start-up procedures with the consultants, it was discovered that the full amount of the bid in response to the Request for Proposals (RFP) was not properly disclosed.
The RFP consisted of a two-envelope system whereby there was a technical proposal and a fee proposal. The technical proposal is opened, evaluated and scored prior to consideration of the fee proposal. A group of three evaluated the technical proposal, consisting of the Director of Parks & Recreation, the Manager of Parks & Recreation and the Supervisor of Arenas, Sports Fields & Pools. Subsequently, the Director evaluated the fee proposals and added the scoring to the technical scores. As indicated in the report to Council,
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Monteith Brown scored 940 points on the combined rating, while the JF Group scored 915. Unfortunately, in neither instance did the Director consider the full cost of the submissions. The current situation is that both components of the work have been awarded, however the full costs have not been disclosed.
Comments: When the RFP was developed and brought before Council for consideration in July, staff outlined the option of an operational review of the department to look for efficiencies in operations, assess departmental structure and culture as well as undertake a fiscal review. The option was in keeping with Council’s earlier direction regarding organizational chart review. Monteith Brown provided a sound proposal for undertaking this work which found favour with the proposal evaluation committee; the Director’s report to Council in September comments on their approach and notes that the operational review is critical to the future success of the department.
Given upcoming changes in leadership within the Parks & Recreation Department, the external and timely advice of Monteith Brown remains important and should be done in conjunction with the study as originally proposed and recommended by staff to Council. The timing of this work was strategic, in light of known changes in directorship this fall, and the rationale for continuing with the review remains sound. With current workload pressures on internal staff resources, external assistance of the consultants is necessary and represents good value, with economies realized by dovetailing the work with the arena management study. Moreover, the consultants bring external perspective, objectivity and expertise in parks and recreation to inform this work. The new Director will have the benefit of working with the consultants on this initiative and it will assist her in defining options for the future direction of department services and operations.
Consultation: The Director of Finance, the Acting Director of Parks & Recreation, the Parks & Recreation Supervisors and the Manager of Human Resources were consulted on this report.
Financial Implications: According to the original proposal submitted by Monteith Brown Planning Consultants, the fee submitted to undertake the operational review was $33,288.24 including the non-rebatable portion of HST. Upon discovering that this component of the fee was not reported to Council at the award of RFP, the consultants were asked to re-submit a fee estimate on this portion of the work with a view to achieving some relief in costs. By realizing increased efficiencies on the project, the consultants have reduced costs by
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$8,795.88 with a new cost estimate of $24,492.36, including non-rebatable HST. The additional project cost will be funded from the Parks and Recreation Reserve which has an uncommitted balance of $37,533.
Prepared by:
Margaret Misek-Evans City Manager
Attachment(s): none
Page 33 of 111 Page 34 of 111 Correspondence #4 - November 10, 2014
THE CORPORATION OF THE CITY OF SARNIA People Serving People
ENGINEERING DEPARTMENT
OPEN SESSION REPORT
TO: Mayor Bradley and Members of Sarnia City Council
FROM: J.P. André Morin, P.Eng., City Engineer
DATE: October 28, 2014
SUBJECT: East Street Parking By-Law Amendments
Recommendations: It is recommended:
1. That Council approves the amending of By-Law 100 of 1996 pertaining to parking regulations on East Street between Lincoln Park Avenue and London Road.
Background: On-street parking is prohibited on the west side of East Street between Lincoln Park Avenue and London Road. On the east side, along the same section, parking is not restricted. A Bus stop is located 33m north of London Road. There is a considerable hump at the London Road and East Street intersection.
Comments: The combination of the parking along the east side or East Street and the hump at the London Road intersection results in a difficult left turn for westbound drivers on Lincoln Park Avenue. Prohibiting parking along the east side of East Street between Lincoln Park Avenue and London Road will correct this.
Permitting parking on the west side of East Street between Lincoln Park Avenue and London Road is the recommended alternative. Vehicles parked on the west side of East Street will not cause the same issues at the Lincoln Park Avenue intersection and space for an additional 2 parked vehicles can be utilized. Through public consultation it was determined that a 2hr limit between 8am and 4pm, Monday to Friday would better fit the needs of local residents.
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The City received 1 response of the 10 homeowners and tenants notified. The respondent was in favor of the proposed changes.
Consultation: This report has been prepared in consultation with residents/tenants of East Street between Lincoln Park Avenue and London Road.
Financial Implications: There will be a minimal cost associated with relocation of Parking Signs. This work can be accommodated in the current operating budget and will be carried out while the section of East Street is closed for reconstruction.
Reviewed by: Approved by:
J. P. André Morin, P. Eng. Margaret Misek-Evans City Engineer City Manager
This report was prepared by Clinton Harper, Transportation Technologist
Attachment(s): Map of Study Area Letter to Residents Email from resident
Page 36 of 111 Correspondence #4 - November 10, 2014 CITY OF SARNIA - MAP OF STUDY AREA
MAP LEGEND:
PROPOSED "NO PARKING" ZONE PROPOSED '2HR LIMIT, 8AM-4PM, MONDAY TO FRIDAY" ZONE
STREET
STREET
STREET
STREET
STREET LINCOLN PARK AVENUE
CECIL
TEMPLE
EAST
OXFORD
LONDON ROAD
Page 37 of 111 Correspondence #4 - November 10, 2014
THE CORPORATION OF THE CITY OF SARNIA Engineering Department 255 Christina Street N. PO Box 3018 Sarnia ON Canada N7T 7N2 519-332-0330 (phone) 519-332-0776 (fax) 519-332-2664 (TTY) www.sarnia.ca [email protected]
October 28, 2014
NOTICE
Owner and/or Occupant
The City of Sarnia Engineering Department is considering changes to on- street parking on East Street between Lincoln Park Avenue and London Road. The feedback from property owners will be included in a future report to City Council.
Existing Restrictions • West Side – No Parking Anytime • East Side - Open
Proposed Restrictions • West Side – Open • East Side – No Parking Anytime
The purpose of the proposed change is to provide more on-street parking and to improve sightline limitations at the Lincoln Park Avenue intersection with East Street.
If there are any comments or concerns, please send them to the undersigned by Wednesday, November 5, 2014.
Clinton Harper Transportation Technologist [email protected]
Page 38 of 111 Correspondence #4 - November 10, 2014
THE CORPORATION OF THE CITY OF SARNIA Engineering Department 255 Christina Street N. PO Box 3018 Sarnia ON Canada N7T 7N2 519-332-0330 (phone) 519-332-0776 (fax) 519-332-2664 (TTY) www.sarnia.ca [email protected]
October 30, 2014
UPDATED NOTICE
Owner and/or Occupant
The City is modifying the previously proposed parking restriction to East Street between Lincoln Park Avenue and London Road dated October 28, 2014.
Proposed Restriction (Letter Delivered Oct. 28,2014) • West Side – Open • East Side – No Parking Anytime
Changed to: • West Side – 2Hr Limit 8:00am – 4:00pm Monday to Friday • East Side – No Parking Anytime
Existing Restriction • West Side – No Parking Anytime • East Side - Open
If there are any comments or concerns, please send them to the undersigned by Wednesday, November 5, 2014.
Clinton Harper Transportation Technologist [email protected]
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From: Sandy Waring To: Sandy Waring Subject: FW: Proposed changes to parking on East St. Date: November-05-14 5:06:45 PM
From: Kim Cicchini Sent: October-29-14 12:56 PM To: Clinton Harper Subject: Proposed changes to parking on East St.
To whom it may concern,
We live at 344 East St. N. on the East side where you want to make changes to the street parking. We agree that it is difficult to see around the parked cars when travelling north on east st. and that it should be moved to the west side of the street but we believe it should be limited to 2 hour parking between the hours of 7 am to 4 PM Monday-Friday with no restrictions on the evenings and weekends. We believe this will deter staff members from the London Road Diagnostic Clinic from parking here and taking up spaces that could be used for the residences benefit. For example my 94 year old neighbour who requires daily nursing care has had difficulty receiving it due to all of the parking being taken up on a daily basis. I hope that you please consider our concerns when deciding the new proposals. Should you need to speak with us regarding this please don't hesitate to contact us.
Thank you, Kim and Brad Cicchini 344 East St. N. 519-332-8654
Page 40 of 111 Correspondence #5 - November 10, 2014
THE CORPORATION OF THE CITY OF SARNIA People Serving People
PARKS and RECREATION
OPEN SESSION REPORT
TO: Mayor Bradley and Members of Sarnia City Council
FROM: Barry LaPlante – Acting Director of Parks and Recreation
DATE: October 31, 2014
SUBJECT: Waterfront Regeneration Trust – Cycling Route
Recommendation: It is recommended:
1. That the City of Sarnia advise the Waterfront Regeneration Trust (WRT) that it wishes to participate in the extension of the Waterfront Trail through the City; 2. And that the City advise the WRT that it will supply hardware and labour for the installation of the required Waterfront Trail signage on roads which are under the City's jurisdiction.
Background: The Waterfront Regeneration Trust (WRT), established as a Royal Commission in 1988, is a non-profit organization that has been coordinating the establishment of a continuous multi-use trail route along the Ontario shoreline of the Great Lakes. Its founding Chair (and still a member of the Board of Directors) is former Toronto mayor and federal cabinet minister David Crombie. The first section of the Waterfront Trail was established along the Lake Ontario shoreline between Trenton and Stoney Creek in 1995. It has now been extended eastward to Montreal, and around the Niagara peninsula and along the north shore of Lake Erie, through Windsor to the Town of Lakeshore on Lake St. Clair in Essex County.
At 1,400 km, the Waterfront Trail is now longer than the Rhine River Trail, which connects four European countries. Information about the Waterfront Trail and the Trust can be found at its website: http://www.waterfronttrail.org/index.html
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The current plan is to extend the trail through Lambton County up to Grand Bend on local and County roads as proposed in Attachment 1. The County of Lambton considered the WRT proposal in February, 2014 and County Council supported the extension of the waterfront trail through Lambton County agreeing to act as the one-window for payment of annual dues for the County and 5 affected municipalities and also committing to the installation of trail signage along roads under the County’s jurisdiction. The 5 municipalities include: City of Sarnia, Village of Point Edward, Town of Plympton-Wyoming, Lambton Shores and the Township of St. Clair.
Comments: Planning and Development Services staff at the County are members of and provides support to the Lambton County Regional Trails Committee (LCRTC). City staff along with members of the Bluewater Trails Committee also participates with the LCRTC. Members of the LCRTC have been working with the Municipality of Chatham-Kent and the Walpole Island First Nation in approaching the WRT to have the Waterfront Trail extended through Chatham-Kent and Lambton County along Lake St. Clair, the St. Clair River and Lake Huron. Staff of the County of Huron has also expressed preliminary interest in continuing the trail route to the north along the Lake Huron shoreline. If the project moves ahead in our area, Lambton would be the 19th county or region (including 68 local municipalities) in Ontario to become part of the Trail.
Participation in the Waterfront Trail would not require the construction of any new trails. It uses existing local, county and provincial roads and trail routes which follow as close as reasonably possible to the shorelines. The route would need to be consistently signed using the Waterfront Trail logo.
The WRT staff and its Board are very excited about a possible extension of the Trail through Lambton County, including the City, and wish to move forward quickly on implementation. The WRT has secured funding to provide the directional and trailhead signage to the County and the local communities, but the hardware and installation costs would be borne by each respective municipality and county along the route. This has been the practice in all 68 other municipalities through which the Trail passes.
The WRT also requires a nominal annual fee from the local municipalities for participation in the Trail. The proposed fee is a total of $3,500 spread among the five local municipalities and the county. However, the County has agreed to act as the "one-window" contact, and as a result the fee is reduced to $2,500, which the County has agreed to pay. For that fee, the WRT provides the following types of services and assistance to the participating municipalities:
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• Extending their mapping program to Lambton County, producing PDF- style maps and adding the route to their Google-based map system;
• Developing and maintaining content for the Waterfront Trail website to promote the County and its communities, as well as to connect trail users to our own web resources;
• Extending the "State of the Trail" inventory to Lambton County. This tool tracks planned, in-progress and completed capital projects across the Trail, and allows the WRT to present to the senior governments the level of investment and build a case for their investment;
• Producing and installing trailhead signs at major staging areas along the route;
• Launching the new Lambton portion of the Trail with a "Great Waterfront Trail Adventure" style event;
• Connections to external agencies and partners such as the Canadian Automobile Association, which is significantly increasing its promotion of cycle tourism.
In consultation with the Engineering Department, if Council is supportive of this initiative, staff will work with the WRT on the final configuration of the route through Sarnia with a view to alignment with the cycle routes in the City’s Transportation Master Plan. We will also seek ongoing support from WRT for sign replacement over time in order to contain costs.
Consultation: This report was prepared in consultation with Tourism-Sarnia Lambton, County staff, City Manager, Director of Engineering, the Manager of Building and By-Law and Parks and Recreation staff. Tourism Sarnia-Lambton is supportive of the initiative as an effective means of promoting cycle tourism in the County.
Financial Implications: The County is paying for the annual membership fee and installing signage on portions of the route located on County roads. The WRT has secured funding for the signs themselves, but in all other municipalities along the route, the local municipalities have been responsible for supplying sign hardware and installing the signs on roads within their jurisdiction. While staff does not have a specific number of signs required, directional signs would be needed where the trail route turns, but on straight stretches of the
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route, the standard is approximately one sign every 2.5 kilometers. Existing sign posts may be used where that is appropriate.
Prepared by: Approved by:
Barry LaPlante Acting Director of Parks and Margaret Misek-Evans Recreation City Manager
Attachments: Map of Lambton County Waterfront Trail
Page 44 of 111 Correspondence #5 - November 10, 2014
Page 45 of 111 Page 46 of 111 Minutes of September 22, 2014 - Special Meeting
MINUTES OF THE CORPORATE PRIORITIES/STRATEGIC PLANNING MEETING OF SARNIA CITY COUNCIL
10:00 a.m. – MONDAY, SEPTEMBER 22, 2014 COUNCIL CHAMBERS, CITY HALL, SARNIA
A Special Meeting was held. Mayor Bradley took the Chair and the following Members of Council were present: Councillors D. Boushy, A. Bruziewicz, J. Foubister, A.M. Gillis, M. Kelch, and B. MacDougall
Absent: Councillors. T. Burrell and J. McEachran
Presentations
1. 2015 Budget Direction Presentation by Director of Finance
The Director of Finance gave a PowerPoint presentation updating Council on debt and reserves, the progress of the 2015 budget preparation, and budget challenges. The Director of Finance responded to questions from Council.
In response to a question from Councillor Foubister on the cost per dollar for debt repayment, the Director of Finance advised that he would report back to Council.
Discussion took place regarding a spending freeze to avoid a budget deficit. Mayor Bradley indicated that it would be helpful to see where budget freezes are occurring.
2. State of the Infrastructure Presentation by City Engineer
The City Engineer gave a PowerPoint presentation regarding the state of the City’s infrastructure. He discussed the asset categories, value, and need; the asset management plan; investment; and current and proposed capital projects. The City Engineer responded to questions from Council.
Discussion took place regarding roads that are in need of repair, and the City Engineer advised that he would report back with information with a list of priority roads in need of repair.
Mayor Bradley expressed concern about Waterworks Road being the only road slated for resurfacing in 2015, and requested that traffic counts be
Page 47 of 111 Minutes of September 22, 2014 - Special Meeting
conducted, and a full list of roads in need of resurfacing be provided to Council prior to its debate.
3. Insurance and Risk Management Presentation by City Clerk
The City Clerk gave a PowerPoint presentation regarding Insurance and Risk Management. She discussed insurance claims, costs, claim relationship to infrastructure conditions, and a strategy for reducing claims. The City Clerk responded to questions from Council.
Councillor Kelch inquired about the risk assessment method used by contractors at a job site, and the City Engineer advised that he would report back to Council.
In response to a question from Councillor MacDougall regarding trends related to payouts rather than fighting a claim, the City Clerk advised that she would look into this.
Moved by Councillor Kelch, seconded by Councillor Foubister, and carried:
That the meeting adjourn.
The meeting adjourned at 11:30 a.m.
______Mayor
______City Clerk
Page 48 of 111 Minutes of September 29, 2014 - Regular Meeting September 29, 2014
4:00 p.m. – MONDAY, SEPTEMBER 29, 2014 COUNCIL CHAMBERS, CITY HALL, SARNIA
Council met, in regular session, for the transaction of general business. Mayor Bradley took the Chair and the following Members of Council were present: Councillors D. Boushy, A. Bruziewicz, T. Burrell, J. Foubister, A.M. Gillis, M. Kelch, B. MacDougall and J. McEachran
THERE WAS NO CLOSED MEETING
"O CANADA" In accordance with City Council’s policy, the National Anthem was played.
Disclosures of Pecuniary Interest (Direct or Indirect) and the General Nature Thereof There were no disclosures of pecuniary interest.
PRESENTATION 1. Communities in Bloom International Challenge - Award of Five Blooms Presentation by Councillor Gillis
Councillor Gillis presented the Communities In Bloom International Competition – Award of Five Blooms to Sarnia City Council with members of the Communities in Bloom Committee present.
DELEGATIONS 1. Sarah Reaume, Executive Director, Habitat for Humanity Request for exemption from the City portion of municipal charges relative to the installation of services, and 100% exemption from property development fees and charges
Sarah Reaume, Executive Director of Habitat for Humanity requested that Council consider the waiver of municipal charges relative to installation of services and exemption from development charges. As an alternative, she requested the ability to negotiate directly with contractors for the installation of municipal services. Ms. Reaume responded to questions from Council.
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Council was directed to Correspondence #6 for consideration.
Moved by Councillor McEachran, seconded by Councillor Boushy, 1. That Sarnia City Council support the waiver of development charges for new home builds by Habitat for Humanity. 2. That Sarnia City Council support the waiver of permitting fees for new home builds by Habitat for Humanity. 3. That Sarnia City Council authorize Habitat for Humanity to negotiate directly with contractors for the installation of municipal services.
Council agreed to split the motion into three separate parts, and a recorded vote was requested for each.
1. That Sarnia City Council support the waiver of development charges for new home builds by Habitat for Humanity, was lost when put to the vote.
Yea Nay Councillor Boushy Councillor Bruziewicz Councillor Gillis Councillor Burrell Councillor MacDougall Councillor Foubister Councillor McEachran Councillor Kelch Mayor Bradley
2. That Sarnia City Council support the waiver of permitting fees for new home builds by Habitat for Humanity, carried.
Yea Nay Councillor Boushy Councillor Bruziewicz Councillor Gillis Councillor Burrell Councillor MacDougall Councillor Foubister Councillor McEachran Councillor Kelch Mayor Bradley
3. That Sarnia City Council authorize Habitat for Humanity to negotiate directly with contractors for the installation of municipal services, carried.
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Yea Nay Councillor Boushy Councillor Foubister Councillor Bruziewicz Councillor Burrell Councillor Gillis Councillor Kelch Councillor MacDougall Councillor McEachran Mayor Bradley
Moved by Councillor Gillis, seconded by Councillor MacDougall, and carried:
That Sarnia City Council direct staff to report back on an Affordable Housing strategy within its 2015 work program.
2. Kevin Cook - Clearwater Dog Park Proposal - Reconsideration (see Correspondence #5)
Kevin Cook spoke in opposition to the Clearwater Park location for the proposed dog park. He advised that he does not object to the creation of a dog park in a different location. He expressed concern about the lack of consultation with the baseball user groups, the hazards associated with the multi uses in the park, and the potential damage to the ball diamonds.
Council was directed to Correspondence #5 for consideration.
Moved by Councillor Kelch, seconded by Councillor Boushy, and carried:
That Sarnia City Council not proceed with a one year pilot project for the installation of a dog park (Leash Free Zone) located in Clearwater Park as outlined in a report to Council dated April 8, 2014;
And further that, staff be authorized to continue to work with the Dog Park Committee to further investigate a location for
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a dog park pilot project and report back to Council during the budget deliberations meeting.
A recorded vote was requested as follows:
Yea Nay Councillor Boushy Councillor Bruziewicz Councillor Burrell Councillor Foubister Councillor Gillis Councillor Kelch Councillor MacDougall Councillor McEachran Mayor Bradley
3. THIS REQUEST WAS WITHDRAWN - John Thompson - Clearwater Dog Park Proposal - Reconsideration
4. Nick Monsour - The Corporation of the City of Sarnia
Nick Monsour expressed appreciation for the work of Council and Staff.
CORRESPONDENCE 1. City Engineer, dated September 12, 2014, regarding Award of RFT No. 14-09, Pump Station Supervisory Control and Data Acquisition (SCADA) System
Moved by Councillor MacDougall, seconded by Councillor Kelch, and carried:
That Sarnia City Council award the Pump Station SCADA system to Procon Constructors Inc. at the cost of $1,169,222.40, including the non-rebateable portion of HST;
That the Mayor and Clerk be authorized to sign the necessary agreements.
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A motion, moved by Councillor Burrell, that staff be directed to report back on the phase in of the SCADA system, failed to receive a seconder.
2. City Engineer, dated September 2, 2014, regarding Sole Sourced Purchase of Equipment for the WPCC
Moved by Councillor Kelch, seconded by Councillor Bruziewicz, and carried:
That Sarnia City Council approve the purchasing of 1000 feet of chain for the secondary clarifiers at the WPCC from ENV Treatment Systems Inc. at the cost of $88,632.96 (including non-rebateable HST).
3. City Engineer, dated September 19, 2014, regarding BioAmber Sarnia Inc. Wastewater Discharge and Monitoring Agreement (see by-law #1)
Moved by Councillor Foubister, seconded by Councillor Boushy, and carried:
That Sarnia City Council authorize the Mayor and Clerk to sign the attached Wastewater Discharge and Monitoring Agreement with BioAmber Canada Inc.
4. City Engineer, dated September 15, 2014, regarding Contract #11-2013 - Lakeshore Road Intersections Watermain Improvements - Actual Cost update
Moved by Councillor Kelch, seconded by Councillor Foubister, and carried:
That Sarnia City Council approve the payment of an additional $85,700 for Contract #11-2013 from the Watermain Replacement Various Locations capital budget.
5. Acting Director of Parks and Recreation, dated September 17, 2014, regarding Dog Park Proposal at Clearwater Park
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This item was considered during Delegation #2.
6. Director of Planning and Building, dated September 11, 2014, regarding Request by Habitat for Humanity for exemption from the City portion of municipal charges relative to the installation of services, and 100% exemption from property development fees and charges
This item was considered during Delegation #1.
7. Director of Finance, dated September 15, 2014, regarding Approval of CIBC as Provider of Banking Offsetting Services
Moved by Councillor McEachran, seconded by Councillor Gillis, and carried:
That Sarnia City Council approve the renewal of its banking and offsetting arrangement with CIBC for a term of five years with an option for an additional five years, upon satisfactory performance.
8. City Engineer, dated September 29, 2014, regarding Introduction to the Backflow Prevention Program
Moved by Councillor Gillis, seconded by Councillor Burrell, and carried:
That Sarnia City Council approve the development of a Backflow Prevention Bylaw and a program to mandate the Bylaw.
9. City Engineer, dated September 12, 2014, regarding Award of Quotation - Luckins Drain East Maintenance
Moved by Councillor MacDougall, seconded by Councillor Burrell, and carried:
That Sarnia City Council accept the low bid submitted by Murray Mills Excavating & Trucking (Sarnia) Ltd. for the
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Luckins Drain East Maintenance project, in the amount of $66,771.86, (including the non-rebateable portion of H.S.T.), and that a purchase order be issued.
10. Director of Finance, dated September 12, 2014, regarding RBC Centre Suite Rental Agreement (see bylaw #4)
Moved by Councillor Foubister, seconded by Councillor Gillis, and carried:
That Sarnia City Council approve the appointment of Greg Burr as the Luxury Suite Coordinator at the RBC Centre;
That Sarnia City Council authorize the Mayor and City Clerk to sign the agreement.
11. City Engineer, dated September 19, 2014, regarding Award of Tender for Centennial Park Site Remediation – Phase 1
Moved by Councillor Kelch, seconded by Councillor MacDougall, and carried:
That Sarnia City Council accept the low tender submitted by Bre-Ex Construction Incorporated, for Centennial Park Site Remediation – Phase 1, in the amount of $2,506,993.88, including the nonrebateable portion of HST, subject to obtaining all necessary approvals; and
That Sarnia City Council approve the funding of the $2,506,993.88 Centennial Park remediation award for Phase 1 as follows: i) $1 million dollars from the Land Purchase Reserve ii) $360,000 in previously committed reserve dollars for Shoreline Protection; iii) $1 million dollars from the Federal Gas Tax Reserve; and iv) $146,993.88 from the Capital Reserve Fund
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That the Mayor and Clerk be authorized to sign the necessary agreements.
12. City Engineer, dated September 19, 2014, regarding Future Phases of Centennial Park
Moved by Councillor Kelch, seconded by Councillor Bruziewicz, and carried:
That Sarnia City Council authorize staff to: a) engage Golder Associates Limited for Park Consulting Services for the remaining Phases of Remediation for Centennial Park, and b) work in collaboration with the St. Clair Region Conservation Authority and the consultant Shoreplan Engineering, to develop and design the shoreline remediation/protection at Centennial Park, to an upset limit of $211,763; and That Sarnia City Council allocate $211,763 from the Capital Reserve Fund to fund the consultant services, as described above; and
That the Mayor and Clerk be authorized to sign the necessary agreements
13. Acting Director of Parks and Recreation, dated September 19, 2014, regarding Camp Saredaca – Roof Replacement
Moved by Councillor Burrell, seconded by Councillor Bruziewicz, and carried:
That Sarnia City Council accept the quotation from Ben’s Roofing, Sarnia, ON in the amount of $16,235.81 including non-rebatable HST to reshingle the two buildings located at Camp Saredaca;
That Sarnia City Council accept the cost estimate from Belfor Environmental, Sarnia, ON in the amount of $1,093.92 including non- rebateable H.S.T. for the removal of all ceiling
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tiles and floor cleaning at the two buildings located at Camp Saredaca;
That funding for these noted expenditures be from the City’s Capital Reserve Fund.
14. Director of Finance, dated September 12, 2014, regarding RBC Centre Naming Rights (see by-law #5)
Moved by Councillor McEachran, seconded by Councillor Burrell, and carried:
That Sarnia City Council approve the agreement with Royal Bank for the naming rights of the facility known as RBC Centre for a term of one year commencing on October 1, 2014 and expiring September 30, 2015;
That Sarnia City Council authorize the Mayor and City Clerk to sign the agreement.
15. Director of Finance, dated September 18, 2014, regarding City of Sarnia- Sarnia Sting Agreement (see by-law #6)
Moved by Councillor Burrell, seconded by Councillor Kelch, and carried:
That Sarnia City Council authorize and direct the Mayor and City Clerk to execute an agreement between the Sarnia Sting and the City of Sarnia and to make changes and additions as may be required.
NOTICE OF MOTION
1. Councillor Gillis - Communities In Bloom Entrance Fees
Moved by Councillor Gillis, seconded by Councillor Burrell, and carried:
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That Sarnia City Council put the Entrance Fee for The Communities in Bloom Competition into the operating budget of 2015 instead of including the fee in the Grant portion of the Budgeting process. The Amount will not exceed $1500.
2. Councillor McEachran - Traffic Signals at Murphy Rd. and Cathcart Blvd.
Moved by Councillor McEachran, seconded by Councillor Boushy, and carried:
That Sarnia City Council table the consideration of the installation of traffic signals at the intersection of Murphy and Cathcart until criminal and civil actions are complete.
MINUTES
Moved by Councillor Bruziewicz, seconded by Councillor Gillis, and carried:
That the Minutes of September 8, 2014 (Regular Meeting) and September 8, 2014 (Closed Meeting), as printed, be adopted.
INQUIRIES, INFORMATION AND URGENT MATTERS 1. Sarnia Sign on Plank Road
Moved by Councillor Burrell, seconded by Councillor MacDougall, and carried:
That Staff be directed to look into the replacement of the City of Sarnia sign located on Plank Road.
ROUTINE APPROVALS, ACTION AND INFORMATION
Moved by Councillor Bruziewicz, seconded by Councillor Gillis, and carried:
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That Items A to H, under Routine Approvals, Action and Information be introduced.
A. City Engineer, dated September 15, 2014, regarding Contract #2-2014 - Capel Street, Lydia Street, Maxwell Street and Nelson Street Reconstruction - Hydro Pole Support Update
For Information
Moved by Councillor Bruziewicz, seconded by Councillor Kelch, and carried:
That staff be directed to contact Bluewater Power regarding its policy for the installation of underground wires and report back to Council.
B. City Engineer, dated September 17, 2014, regarding Bright’s Grove Lagoon – Annual Inspection Report
For Information
C. City Engineer, dated September 18, 2014, regarding Water Distribution System – Annual Inspection Report
For Information
D. Acting City Solicitor, dated September 16, 2014, regarding Amendment of Building By-Law – Appointment of Officers and Amendment of Municipal Law Enforcement Officers By-Law (see by-laws #2 and #3)
That Sarnia City Council amend By-Law Number 48 of 2006, as amended, by revising Schedule “F” to reflect changes made to the Building By-Law; and
That Sarnia City Council amend By-Law Number 80 of 2014 by revising Schedule “A” to reflect changes made to the Municipal Law Enforcement Officers By-Law.
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E. City Engineer, dated September 21, 2014, regarding Paving of walkways in Mike Weir Park through use of donated funds
For Information
F. Fire Chief, dated September 11, 2014, regarding Progress Report on Fire Safety and Vulnerable Occupancies
For Information
G. City Clerk, dated September 18, 2014, regarding 356/357/358 Tax Appeal Court
That Sarnia City Council adopt the recommendations of the September 18, 2014 Tax Appeal Court.
H. Human Resources Manager, dated September 15, 2014, regarding Accessible Parking in the Downtown
For Information
Moved by Councillor Bruziewicz, seconded by Councillor Gillis, and carried:
That Items A to H, under Routine Approvals, Action and Information, as recommended or approved by this Council, be adopted and appended to the Minutes.
CIVIC REPORTS
Moved by Councillor Bruziewicz, seconded by Councillor Gillis, and carried:
That the Civic Reports be received and filed.
1. Plumbing Report - August 2014 2. Raffle Report - July/August 2014
12
Page 60 of 111 Minutes of September 29, 2014 - Regular Meeting September 29, 2014
BY-LAWS
Moved by Councillor Bruziewicz, seconded by Councillor Gillis, and carried:
That By-Laws No. 1-7, as printed, be introduced for the first and second reading thereof, and be taken as read for the first and second time.
1. For 1st, 2nd and 3rd Readings: A By-Law to Authorize an Agreement with BioAmber Sarnia Inc. Re: Wastewater Discharge (see Correspondence #3) (By-Law #89 of 2014)
2. For 1st, 2nd and 3rd Readings: A By-Law to Amend By-Law Number 80 of 2014 Re: Municipal Law Enforcement Officers By-Law (see Agenda Info Item D) (By-Law #90 of 2014)
3. For 1st, 2nd and 3rd Readings: A By-Law to Amend By-Law Number 48 of 2006 Re: Building By-Law – Appointment of Officers (see Agenda Info Item D) (By-Law #91 of 2014)
4. For 1st, 2nd and 3rd Readings: A By-Law to Authorize an Agreement Appointing Greg Burr as the Luxury Suite Coordinator at the RBC Centre (Re: RBC Centre Suite Rental Agreement) (see Correspondence #10) (By- Law #92 of 2014)
5. For 1st, 2nd and 3rd Readings: A By-Law to Authorize an Agreement between the City of Sarnia and the Royal Bank of Canada Re: RBC Centre Naming Rights (see Correspondence #14) (By-Law #93 of 2014)
6. For 1st, 2nd and 3rd Readings: A By-Law to Authorize an Agreement between the City of Sarnia and the Sarnia Sting Re: RBC Centre Lease (see Correspondence #15) (By-Law #94 of 2014)
7. For 1st, 2nd and 3rd Readings: A By-Law to Confirm the Proceedings of Council at its Meeting held on The 29th Day of September, 2014 (By-Law #95 of 2014)
13
Page 61 of 111 Minutes of September 29, 2014 - Regular Meeting September 29, 2014
Moved by Councillor Bruziewicz, seconded by Councillor Gillis, and carried:
That By-Laws No. 1 – 7, as printed, be taken as read the third time and finally passed.
ADJOURNMENT
Moved by Councillor Bruziewicz, seconded by Councillor Gillis, and carried:
That Sarnia City Council adjourn to its next Regular Meeting to be held on Monday, November 10, 2014, and its next Corporate Priorities/Strategic Planning Meeting to be held on Monday, November 3, 2014.
The meeting adjourned at 5:55pm.
______Mayor
______City Clerk
14
Page 62 of 111 Agenda Info Item A - November 10, 2014
THE CORPORATION OF THE CITY OF SARNIA People Serving People
LEGAL DEPARTMENT
OPEN SESSION REPORT
TO: Mayor Bradley and Members of Sarnia City Council
FROM: Scott R. McEachran, Acting City Solicitor
DATE: October 22, 2014
SUBJECT: Tudor Close West Partial Closure and Sale to Adjacent Owners
Recommendation: It is recommended:
1. That Sarnia City Council authorize the stopping up and closing of a portion of Tudor Close West identified as Part 7 on Reference Plan 25R-8948.
2. That Sarnia City Council declare Part 7 on Reference Plan 25R-8948 surplus.
3. That Sarnia City Council authorize the sale of this part to the owners of the adjacent property (760 Tudor Close West) at $1.00 per square foot, on condition that the purchaser will pay for all costs of the transfer.
4. That Sarnia City Council grant an easement to utility companies, if required.
5. That the Mayor and Clerk be authorized to sign the necessary documentation.
Background: The owners of 760 Tudor Close West are looking at building a new larger garage on their property and had a survey done which showed that a portion of the garage would jut out into a part of Tudor Close West cul-de-sac known as a “double bubble” (see map attached). With their representative, they have requested to purchase Part 7 on Reference Plan 25R-8948 (see attached) to accommodate the new garage.
Page 63 of 111 Agenda Info Item A - November 10, 2014
Comments: This “double bubble” was dedicated as public highway in 1974 therefore, Part 7 on 25R-8948 must be stopped up and closed prior to being declared surplus and sold; a by-law is in the by-law section of the Agenda for Council’s approval. Although the subject property is technically “public highway”, it does not form part of the travelled portion and the sale will not affect traffic.
Consultation: The Engineering Development Manager has been consulted and is content to sell a portion of this “double bubble” cul-de-sac.
Bluewater Power, Union Gas and Bell Canada were contacted concerning whether any utilities are located on the subject land. Staff will follow up with them and, if necessary, an easement will be granted.
Public Notice was given as required under the Municipal Act, 2001, and the City’s Public Notice By-Law.
Financial Implications: The purchasers will pay for all costs associated with the transfer and will pay the City the nominal amount of $1 per square foot, which is the rate the City pays when purchasing road allowance from residents.
Reviewed by: Approved by:
Scott R. McEachran Margaret Misek-Evans Acting City Solicitor City Manager
This report was prepared by Angie Dixon, Law Clerk.
Attachment(s): Reference Plan 25R-8948 & Site Map
Page 64 of 111 Agenda Info Item A - November 10, 2014
Page 65 of 111 Agenda Info Item A - November 10, 2014
Page 66 of 111 Agenda Info Item B - November 10, 2014
THE CORPORATION OF THE CITY OF SARNIA People Serving People
LEGAL DEPARTMENT
OPEN SESSION REPORT
TO: Mayor Bradley and Members of Sarnia City Council
FROM: Scott R. McEachran, Acting City Solicitor
DATE: October 21, 2014
SUBJECT: Licence of Parkland at Wayne Avenue from Enbridge Pipelines Inc.
Recommendation: It is recommended:
1. That Sarnia City Council approve the licence of parkland at Wayne Avenue from Enbridge Pipelines Inc. for five (5) more years; and
2. That the Mayor and Clerk be authorized to sign the licence agreement between the City and Enbridge Pipelines Inc. to effect the licence.
Background & Comments: The City has leased the subject lands on Wayne Avenue from Enbridge since the early 1980s for park land (see Schedule “A” attached). The five (5) year term will expire October 31st, 2014. It is proposed the same licence be renewed for another five years for use as a park with an annual rent of $1.00.
Consultation: The Acting Director of Parks and Recreation has requested the licence be renewed.
Financial Implications: The annual rent over five years will amount to $5.00.
Page 67 of 111 Agenda Info Item B - November 10, 2014
Reviewed by: Approved by:
Scott R. McEachran Margaret Misek-Evans Acting City Solicitor City Manager
This report was prepared by Angie Dixon, Law Clerk.
Attachment: Schedule “A” – site map
Page 68 of 111 Agenda Info Item B - November 10, 2014
Page 69 of 111 Page 70 of 111 Agenda Info Item C - November 10, 2014
THE CORPORATION OF THE CITY OF SARNIA People Serving People
ENGINEERING DEPARTMENT
OPEN SESSION REPORT
TO: Mayor Bradley and Members of Sarnia City Council
FROM: J. P. André Morin, P. Eng.
DATE: October 20th, 2014
SUBJECT: Screening Compost Payment
Recommendation: This report is for information.
Background: In accordance with the City’s Procurement Policy, Council is to be informed of purchases exceeding $50,000.
The screening of compost was put out for bids and Frank Dupuis Landscaping & Trucking Ltd. was the successful bidder. Based on the past history of the volume of finished compost, the amount of finished compost was estimated at 9,000 cubic metres.
Frank Dupuis Landscaping & Trucking Ltd. exceeded the estimated 9000 cubic metres. They were diligent in rescreening material to maximize the amount of finished compost available for sale, resulting in a reduction in the volume of overs (waste material from compost processing) that would be sent to the landfill thereby reducing the landfill disposal costs to the City.
Comments: The total volume of finished compost was 11,800 cubic metres which was a 30% increase in volume from previous years.
Consultation: The Purchasing Manager and the City Treasurer were consulted in the preparation of this report.
Page 71 of 111 Agenda Info Item C - November 10, 2014
Financial Implications: The low bid price submitted by Frank Dupuis Landscaping & Trucking Ltd. was $4.34 per m3. When applied to the estimated 9000m3, this was a total price of $39,060 without H.S.T.
The actual final screened quantity of 11,800m3 resulted in a total cost of $51,212 without H.S.T., hence the reason Council is being advised of this purchase which exceeded the $50,000 limit.
There are sufficient funds in the operating budget of the compost site to pay for the cost of this work.
Reviewed by: Approved by:
J. P. André Morin, P. Eng. Margaret Misek-Evans City Engineer City Manager
This report was prepared by Frank Velle, Waste Reduction Accounts Supervisor
Attachment(s): None
Page 72 of 111 Agenda Info Item D - November 10, 2014
THE CORPORATION OF THE CITY OF SARNIA People Serving People
CITY CLERK’S DEPARTMENT
OPEN SESSION REPORT
TO: Mayor Bradley and Members of Sarnia City Council
FROM: Nancy Wright-Laking, City Clerk
DATE: November 3, 2014
SUBJECT: Council Orientation
Recommendation: For Council’s Information
Background and Comments: As is the normal practice in most municipalities, Council orientation is prepared and provided to Council at the beginning of the term of Council. Staff have been working diligently to prepare the material for a City Council Orientation session, and a draft agenda is attached for Council’s information.
The County of Lambton will also be hosting an orientation session for elected officials to be run jointly by the Municipal Clerks in the Lambton federation. The session will be held from 8:30 a.m. until 3:30 p.m., Saturday, November 22, 2014 at the County Administration Building in Wyoming. The event is open to municipally elected officials, municipal staff, and the general public. The County orientation package was developed to provide basic council information that will be supplemented with additional orientation that is specific to each municipality at the local level.
The City Council orientation session is intended to be held after the County session, in early December. Council will be canvassed for the best available date, and the orientation package will be provided to Council a week prior to the date.
The orientation session will be a meeting of Council that will provide a casual education opportunity. It will provide an opportunity for questions and answers of staff and members of Council. The meeting will be advertised in the normal process for Council meetings, and will be open to the public.
Page 73 of 111 Agenda Info Item D - November 10, 2014
Consultation: The City Manager and Department Heads were consulted in the preparation of this report and the draft orientation agenda.
Financial Implications: There are no financial implications resulting from this report.
Prepared by: Approved by:
Nancy Wright-Laking Margaret Misek-Evans City Clerk City Manager
Attachment(s): Draft Council Orientation Agenda
Page 74 of 111 Agenda Info Item D - November 10, 2014
AGENDA
Sarnia City Council Orientation, November __, 2014
8:30 am – 9:00 am Registration and distribution of orientation materials
9:00 am - 9:05 am Welcome and Introductions
9:05 am - 9:30 am Council Procedures:
1. General Information o Council pay and benefits, travel policy, expenses, parking pass, business cards/letterhead, etc. 2. Meetings & Agendas o Upcoming meetings, proposed meeting schedule for 2015 o Review of Procedural By-law – open and closed meetings o Making motions/Functioning in Meetings o Form of address at Council 9:30 am – 10:30 am Key Policies/By-Laws
1. Measures to ensure accountability and transparency to the public o Accountability and Transparency Policy for the City of Sarnia o Code of Conduct o Closed Meeting Investigator o Compliance Audit Committee 2. Information Management o Municipal Conflict of Interest o Municipal Freedom of Information & Protection of Privacy Act 3. Policies prescribed by Municipal Act o Notice to the Public o Delegation of Powers o Procurement of Goods & Services o Sale of Land
Page 75 of 111 Agenda Info Item D - November 10, 2014 Council Orientation (cont’d)
10:30 am – 10:45 am BREAK
10:45 am – 12:00 pm Council/Staff Relations
1. Role of Council 2. Role of City Manager 3. Role of Clerk 4. Role of Treasurer 5. Organizational Chart & Departmental Overviews 6. Dealing with Public Inquiries/Operational Issues
12: 00 pm – 12:45 pm LUNCH
12:45 pm – 1:00 pm Local Boards & Committees
o How Committees work o Appointments o Terms of Reference 1:00 pm – 1:15 pm Relationship with Police Services Board
1:15 pm – 2:00 pm Budgeting & Property Taxation
o Budget preparations o Financial statements o Capital forecast reports
2:00 pm - 5:00 pm Bus Tour – suggested destinations • Fire Station 1 • Germain Park – Cox Garden • Strangway Centre • Public Works • Transit • RBC
Page 76 of 111 Agenda Info Item D - November 10, 2014 Council Orientation Binder Contents
Municipal Councillor’s Guide, MMAH Reference sheet to Key Legislation with web links City of Sarnia Procedural Bylaw Policies/By-laws: Sale of Land, Hiring, Procurement of Goods & Services, Notice to the Public List of Local Boards & Committees Reference sheet to City Policies with on-line directory List of Current Plans and Strategies Presentation materials Council input on Future Orientation Needs Survey
Page 77 of 111 Page 78 of 111 Civic Report #1 - November 10, 2014
THE CORPORATION OF THE CITY OF SARNIA People Serving People
SOLICITOR/CLERKS DEPARTMENT
OPEN SESSION REPORT
TO: Mayor Bradley and Members of Sarnia City Council
FROM: Nancy Wright-Laking/City Clerk
DATE: October 29, 2014
SUBJECT: Monthly Raffle Report – September 2014
Organization Licence Fee Prize Royal Canadian Naval Association $75.00 $2500.00 Navy League-Sea Cadets $58.50 $1950.00 Saint Demetrios Greek Church $420.00 $1400.00 Optimist of Point Edward $201.60 $6720.00 Sarnia Lambton Rebound $75.00 $2500.00 Pathways Health Centre for Children $150.00 $5000.00 Sarnia Kinsmen Club $115.20 $3840.00 Bluewater Sharks Minor Hockey $81.00 $2100.00 Goodwill Industries $112.50 $3750.00 44 Sarnia Imperial Squadron Air Cadets $60.00 $2000.00 Inn of Good Shepherd $75.00 $2500.00 Lambton Saint Clair Athletic $75.00 $2500.00 Bluewater Tae Kwon Do $113.40 $3780.00 United Way of Sarnia Lambton $25.00 $200.00 Lambton College Foundation $25.00 $450.00 Sarnia Humane Society $120.00 $4000.00 Royal Canadian Legion $75.00 $2500.00 United Way of Sarnia Lambton $25.00 $250.00 Sarnia Girls Hockey $618.00 $10300.00 Optimist of Brights Grove $30.00 $1000.00 Totals $3394.50 $106071.00
Page 79 of 111 Page 80 of 111 Civic Report #2 - November 10, 2014
OCT I 7 BUILDING SERVICES DEPARTMENT zon
789 Broadway Street, Box 3000 Wyoming, ON NON 1T0 Telephone: 519-845-5420 Toll Free: 1 -866-324-6912 COUNTY OF Fax: 51 9-845-3817 LAMBTON www.lambtononline.ca
October 14,2014
Ms. Nancy Wright-Laking, Clerk Gity of Sarnia P.O. Box 3018 Sarnia, Ontario N7T 7N2
Dear Ms. Wright-Laking:
Please find enclosed a summary of Plumbing Permits issued for the City of Sarnia, currently under the jurisdiction of the Lambton County Building Services Depadment.
This summary is for the month of September,2014.
Yours truly,
Corrine Nauta Chief Building Official Gounty of Lambton encl
CN/jr
Caring # Çrowing* Innovatùte Page 81 of 111 Civic Report #2 - November 10, 2014
The following is a summary of the Plumbing Permits issued for the Gity of Sarnia for the month of September,2014:
PERMIT # DESCRIPTION &/OR LOCATION OWNER/CONTRACTOR
37140 1500 Airport Rd, RP25R4804, Pt2 City of Sarnia/Badjer 37144 1767 Lakeshore Rd, Con 9, Pt Lot 38 Mark Pretty 37205 6548 Bridgen Rd, Con 9, Plan 258,Lot22 Lawrie Lachapelle 37213 1146 Mike Weir Dr, LVLCP 54, Unit #67 Maher Homes Ltd 37093 5600 Blackwell Sd Rd, Unit #433 Bluewater Country 37092 5600 Blackwell Sd Rd, Unit #430 Bluewater Country 37091 5600 Blackwell Sd Rd, Unit #486 Bluewater Country 37215 1142 London Rd, (Wendy's) C-Ray Holdings Ltd 37209 233 Bentley Crt, Plan 25M44, Lot28 Danbury Developments 37210 229 Bentley Crt, Plan 25M44, Lot29 Danbury Developments 37207 217 Bentley Crt, Plan 25M44, Lot32 Danbury Developments 37211 225 Bentley Crt, Plan25M44, Lot 30 Danbury Developments 37212 221 Benlley Crt, Plan25lt[44, Lot 31 Danbury Developments 37208 237 Bentley Crt, Plan 25M44, Lot27 Danbury Developments 37214 37 Kamal Dr, Plan 251\A49, Lot2 Key Homes 37217 950 Riopelle Dr, Plan 25M51, Lot 6 Steven Demelo 37219 301 Bluebird Crt, RP25R9931, Pt 13 Henderson Builders 37218 305 Bluebird Crt, RP25R9931,Pt12 Henderson Builders 37220 325 Graham Coughtry Cft, RP25R9834, Pt28 lacobelli Construction Ltd 37223 329 Graham Coughtry Crt, RP25R9834, Pts 24,25 lacobelli Construction Ltd 37221 316 Graham Coughtry Crt, RP25R9834, Pt 5 lacobelli Construction Ltd 37216 1249 - 1253 London Rd Obsidiana Group lnc 37224 1053 Griffith Rd, Plan 454, Lot 94 Belfor Canada lnc 37222 1762 Rutherglen Dr, Plan 499, Lot 8 Sid Veenbaas 37225 2796 Michigan Ave, Con Gore A, Pt Lot 3 Ritiac Construction 37228 2027 Old Lakeshore Rd D.J. Fazio 37232 81 Ube Dr, Plan 728, Blk2 BVD Holdings Sarnia 37234 1596 Mills St, Plan 416, Lot 37 Roger Lefebvre 37238 1229 Rocco Dr, Plan 25M30, Blk 41 , Lot22 Key Homes 37236 748 Remington Crt, Plan 25M36, Lot 40 Seiko Homes
Page 82 of 111 By-Law #1 - November 10, 2014
BY-LAW NUMBER ______OF 2014 OF THE CITY OF SARNIA
“A By-Law to Stop Up, Close and Sell Part of Tudor Close West in the City of Sarnia” ______(Re: 760 Tudor Close West)
WHEREAS it is deemed expedient to pass a By-Law to close part of Tudor Close West in the City of Sarnia and to authorize the sale and conveyance of it to the abutting owners;
AND WHEREAS Public Notice of this By-Law has been given pursuant to the provisions of the Municipal Act, 2001 in that respect;
NOW THEREFORE the Municipal Council of The Corporation of the City of Sarnia enacts as follows:
1. That part of Tudor Close West, shown on Schedule “A” attached,
in the City of Sarnia, County of Lambton is hereby stopped up
and closed.
2. The Corporation of the City of Sarnia is hereby authorized to sell
and convey that part of Tudor Close West, hereby closed, to the
owners of the abutting land in accordance with the provisions of
Page 83 of 111 By-Law #1 - November 10, 2014
the Municipal Act and in accordance with Schedule “B” attached
hereto.
3. The Mayor and Clerk are hereby authorized to execute such
Deed and to affix to it the Corporate Seal of The Corporation of
the City of Sarnia.
4. This By-Law comes into force and effect upon being registered in
the Land Registry Office for the Registry Division of Lambton.
FINALLY PASSED this 10th day of November, 2014.
______Mayor
______Clerk
Doc: L:\LAW CLERK\BY-LAW\WORKING\TUDORCLW SURPLUS-STOP UP CLOSE & SELL.AD
Page 84 of 111 By-Law #1 - November 10, 2014
SCHEDULE “A”
Page 85 of 111 By-Law #1 - November 10, 2014
SCHEDULE “B”
Owner Land to be Conveyed Sale Price
Seamus Ryan Kaplin & Tracey Anne Kaplin Part 7 on 25R-8948 $1.00/ft2
Page 86 of 111 BY-LAW NUMBER OF 2014 OF THE CITY OF SARNIA
“A By-Law to Stop Up, Close and Sell Part of Tudor Close West in the City of Sarnia” ______
By - Law #1
READINGS:
- November 10, 2014 FIRST: November 10th, 2014
SECOND: November 10th, 2014
THIRD: November 10th, 2014
THE CORPORATION OF THE CITY OF SARNIA
Page 87 of 111 LEGAL DEPARTMENT (SM/ad) City Hall Sarnia, Ontario N7T 7N2 Page 88 of 111 By-Law #2 - November 10, 2014
BY-LAW NUMBER ______OF 2014 OF THE CITY OF SARNIA
“A By-Law to Authorize an Agreement with Enbridge Pipelines Inc.” (Re: Licence Parcel of Land at Wayne Avenue)
WHEREAS it is deemed expedient that The Corporation of the City of Sarnia enter into an Agreement with Enbridge Pipelines Inc.
NOW THEREFORE the Municipal Council of The Corporation of the City of Sarnia enacts as follows:
1. The Corporation of the City of Sarnia is authorized to enter into a Licence Agreement with Enbridge Pipelines Inc., in the general form attached to this By-Law.
2. The Mayor and Clerk are authorized to execute such Licence Agreement and to affix to it the Corporate Seal of The Corporation of the City of Sarnia.
3. This By-Law comes into force and effect upon finally being passed.
FINALLY PASSED this 10th day of November, 2014.
______Mayor
______Clerk
Page 89 of 111 By-Law #2 - November 10, 2014 Page 1 of 4
LICENCE AGREEMENT BETWEEN :
ENBRIDGE PIPELINES INC. A body corporate having offices in the City of Edmonton, in the Province of Albefta ("Licensor")
-and-
THE CORPORATION OF THE CITY OF SARNIA ("Licensee")
WHEREAS the Licensee desires to erect and maíntain on the Licensor's lands outlined in Lot 52, Plan 270, Sarnia; being-PIN 434960094, Schedule "4" ("lands") a recreation park; Ãtru'
NOW THEREFORE, this agreement witnesseth that:
To have and to hold the said lands for and during the term of five (5) years to be computed from the lst day of November, 2014, until the 31st day of October 20t9, at an annual rental of One Dollar ($1.00) per year.
THE LICENSEE COVENANTS WITH THE LICENSOR AS FOLLOWS:
1. That it will pay rent hereby reserved promptly on the days at the time and in the manner herein mentioned.
2. That it will keep up and maintain grounds, trees, shrubs. Fences shall be maintained by the Licensor.
3. That it shall be confined to such means of access to the said lands as are agreeable to the Licensor.
4. That it will use said lands for recreational park purposes only and that no act, matter or thing whatsoever shall, at any time during the said term, be done in or upon the said lands or any part thereof, which shall or may be or grow to the annoyance, nuisance, grievance, damage, or disturbance of the Licensor or of the Occupiers or owners of the adjoining lands and premises.
5. That it will not allow any refuse or garbage or other loose or objectionable material to accumulate in or upon the said lands.
6. That it will not suffer or commit any waste on the said lands'
7. That it will use its best endeavour and approved methods of husbandry to prevent the growth of, and to exterminate, all noxious weeds.
Page 90 of 111 By-Law #2 - November 10, 2014 Page 2 of 4
I That it will not, during the said term, injure, cut down or remove any trees, shrubbery, scrub growth or hedges on the lands, without prior consent of the Licensor.
9 That it will at no time erect any buildings, shelters or shacks, or other structures, on the lands without the prior approval of the Licensor. All the structures, trees, shrubbery and play equipment are to be placed on the north side of the said lands and pursuant to instructions from a representative of the Licensor.
10. That it will at all times take all reasonable precautions against fire.
11 That the Licensee will keep the mouths of all under drains on the lands open and free from obstruction and in good running order at all times during the said term, and will not suffer or permit such drains, or the water course in any open ditches on the lands, to become obstructed, but will continuously keep them free and clear for the escape of the water flowing therein.
I2 That it will not transfer, assign or sublet the lands, or any portion thereof, without the express written consent of the Licensor first, and should the licensor consent to any such transfer, assignment or subletting, the same shall not be construed to any subsequent transfer, assignment or subletting.
13 That it will be liable to and/or indemnify and save harmless the Licensor from all damage to persons or property including the property of the Licensor and from all claims, demands, actions, suits or other proceedings by whomsoever made, brought, or prosecuted in any manner, based upon, arising out of, or connected with the lands and/or the use, occupation, or enjoyment of the lands by the Licensee, and the Licensee further covenants that it will obtain and keep in force a policy of public liability insurance insuring itself as licensee for the use, occupation, or enjoyment of the said lands and any and all related matters and activities connected therewith in an amount not less than Five Million Dollars ($5,000,000.00). The Licensor shall be added as an additional named insured to the liability policy in regard to this agreement. If requested, the Licensee shall provide the Licensor a Certificate of Insurance providing evidence of insurance required by this agreement, which is to be issued by the Licensee's insurer or its
a uthorized insu ra nce representative.
Page 91 of 111 By-Law #2 - November 10, 2014 Page 3 of 4
THE LICENSOR AND THE LICENSEE HEREBY MUTUALLY COVENANT AND AGREE AS FOLLOWS: t4. That, in the case of the breach or non-performance of any of the covenants or agreements contained in this license on the part of the Licensee, and then it shall be lawful for the Licensor to repossess the lands.
15. That notwithstanding anything to the contrary contained in this license, the Licensor shall at all times be entitled to enter into and upon the lands or any part thereof and use of much thereof as it may require for its pipeline operations and shall have a free right of ingress and egress to the performance of its pipeline operations. The Licensee shall close the lands for the period of time required for the Licensor to complete such pipeline operations. The Licensor will restore the lands, after the completion of the work, to a stable suitable for use as a public park prior to the Licensee re-opening same.
16 That if and whenever the Licensee ceases to be a corporate body in good standing, this license will terminate forthwith. t7. The Licensee owns and will maintain all fíxtures associated with the use of the said lands, other than any fixtures that are related to the Licensor's pipeline operations.
18. The Lióensor or the Licensee may cancel this agreement upon giving the other six (6) months' written notice of their intention so to do.
19. The Licensee, provided that it has faithfully observed and performed each and every covenant of this agreement, shall have the option to years, ,renew the term of this agreement for a further term of five (5) provided it gives the Licensor six (6) months'advance written notice of its intention to renew. The renewed term shall be subject to the same covenants, terms, and conditions as contained herein, save and except that there shall be no further right to renew.
20. In the event of the event of cancellation of this agreement the Licensee will peaceable and quietly give up possession of the lands to the Licensor or such paft thereof as the Licensor requires.
Page 92 of 111 By-Law #2 - November 10, 2014 Page 4 of 4
27. Neither the rights granted to the Licensee by this agreement nor any of these privileges or obligations in connectíons therewith shall run with the lands and premises described in Schedule "A" or extend to the successors and assigns of the parties hereto as a burden or benefit to the said lands and premises, nor shall any document evidencing such rights and prívileges be registered or flled ín any land registration office whether it be by way of caveat, deposit on title or any other matter of form whatsoever,
22. All notices to be given hereunder may be given by registered mail addressed to the Licensee at:
Attention: City Clerk and Director of Parks & Recrea.tion, City Hall 255 Christina St. N. PO Box 3Ol8,Sarnia, Ontario, N7T 7N2 or by fax to 519-332-3995 or by email; and to the Licensor at:
Attention: Senior Legal Counsel P.O. Box 398 Edmonton, Alberta TsJ 2J9 or by fax to or by email
or such other address as the Licensee and the Licensor may respectively from time to appoint in writing, and any such notice shall be deemed to be given to and received by the addressee three (3) days' after the mailing thereof, postage pre-paid or on the same day sent by fax or.email.
IN WHITNESS WHEREOF the parties have signed thÎs agreement on the dates indicated below, although the agreement shall be effective as of November L,2014.
EN LINES INC.
Per: Date: Name: Jeff Title: Dírector of Eastern Region Operations
THE CORPORATION OF THE CITY OF SARNIA Per: Date: Name: krLKf ¿/&ó¿af Title: Mayor Per Name: Nancy llright-Laking Title: Clerk Page 93 of 111 By-Law #2 - November 10, 2014 SCHEDULE ''A''
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s J a J f $ ul J !. \f- (n ìt- ú tt .t dt ô. + f f .rr r ñ o s q J J J ¡1 o. o J .t FT J J 0 0 o o( J J t À o J ñ o ^ 1 \ A A J o-^ o_ n- ñì/
Page 94 of 111 BY-LAW NUMBER ______OF 2014 OF THE CITY OF SARNIA
“A By-Law to Authorize an Agreement with Enbridge Pipelines Inc.” By
READINGS: - Law #2
FIRST: November 10th, 2014
th SECOND: November 10 , 2014 - November 10, 2014
THIRD: November 10th, 2014
THE CORPORATION OF THE CITY OF SARNIA Legal Department (SRM/ad) City Hall Sarnia, Ontario N7T 7N2 Page 95 of 111 Page 96 of 111 By-Law #3 - November 10, 2014
BY-LAW NUMBER ______OF 2014 OF THE CITY OF SARNIA
“A By-Law to Amend By-Law Number 86 of 2014” (Re: Compliance Audit Committee)
WHEREAS it is deemed expedient to amend By-Law Number 86 of 2014 of the City of Sarnia, being “A By-Law to Appoint Members to the Joint Compliance Audit Committee” to replace alternate member Cam Ivey in the said By-Law.
NOW THEREFORE the Municipal Council of The Corporation of the City of Sarnia enacts as follows;
1. Paragraph 2 of By-Law Number 86 of 2014 of the City of Sarnia is repealed and paragraph 2 as follows is substituted therefor: “2. That Marshall Kern and Gerald (Gerry) Young be appointed as alternate members of the Joint Compliance Audit Committee.”
2. This By-Law comes into force and effect upon finally being passed.
FINALLY PASSED THIS 10TH DAY OF NOVEMBER, 2014.
______Mayor
______Clerk
Page 97 of 111 BY-LAW NUMBER ______OF 2014 OF THE CITY OF SARNIA
“A By-Law to Amend By-Law Number 86 of 2014” Re: Compliance Audit Committee By - Law #3
READINGS:
th -
FIRST: November 10 , 2014 November 10, 2014
SECOND: November 10th, 2014
THIRD: November 10th, 2014
Page 98 of 111 THE CORPORATION OF THE CITY OF SARNIA LEGAL DEPARTMENT (/ad) City Hall Sarnia, Ontario N7T 7N2 By-Law #4 - November 10, 2014
BY-LAW NUMBER ______OF 2014 OF THE CITY OF SARNIA
“A By-Law to Amend By-law Number 85 of 2002”
(Re: 608 Errol Road West)
WHEREAS it is deemed expedient that The Corporation of the City of Sarnia amend By-law Number 85 of 2002 of the City of Sarnia; and
WHEREAS the provisions of this By-law conform to the City of Sarnia Official Plan (as amended); and
NOW THEREFORE the Municipal Council of The Corporation of the City of Sarnia enacts as follows:
1. Schedule “A” attached hereto (being a description of the lands affected by this By-law) is hereby declared to form part of this By-law.
2. That Section 2 - Definitions of By-law 85 of 2002 be amended by adding new definition for a “funeral chapel” as follows:
“funeral chapel” – means a building or structure designed or used primarily for funeral services and may provide accessory uses including an office for the provision of funeral-related services, but does not include the display of goods or the facilities intended for the preparation of a dead human body for interment or cremation.”
3. Section 7.3 - Urban Residential 1 (UR1) – Site and Area Specific Regulation is amended by adding a new Subsection 7.3.48 as follows:
“7.3.48 UR1-48
7.3.48.1 Permitted Uses 1. A funeral chapel in the building as it existed on the date of the passing of the by-law. 2. Those uses permitted in Section 7.1
Page 99 of 111 By-Law #4 - November 10, 2014
7.3.48.2 Site Zone Regulations 1. Setbacks: (min) all setbacks shall be as they existed on the date of passing of this By-law; 2. Floor Area (max) the maximum floor area permitted for accessory uses shall be 81.75m2; 3. Freestanding Sign any freestanding sign shall be subject to the City’s Sign By-law provisions that apply to church signs in residential zones; 4. Parking parking shall be as it exists on the date of the passing of the by-law; 5. All Other Regulations - the regulations set out in Section 7.2.2 shall apply.”
4. Subject to Subsections 34[19], [21] and [30] of the Planning Act, R.S.O., this By-law comes into force and effect on the day it is finally passed.
FINALLY PASSED this 10th day of November, 2014.
______Mayor
______Clerk
Page 100 of 111 By-Law #4 - November 10, 2014
SCHEDULE “A”
Page 101 of 111
BY-LAW NUMBER ______OF 2014 OF THE CITY OF SARNIA
“A By-Law to amend By-law Number 85 of 2002 of the City of Sarnia” (Re: 608 Errol Road West) By - Law #4
- November 10, 2014 READINGS:
FIRST: November 10th, 2014
SECOND: November 10th, 2014
THIRD: November 10th, 2014
Page 102 of 111
THE CORPORATION OF THE CITY OF SARNIA Planning and Building Department City Hall Sarnia, Ontario N7T 7N2
By-Law #5 - November 10, 2014
BY-LAW NUMBER ______OF 2014 OF THE CITY OF SARNIA
“A By-Law to Amend By-Law Number 100 of 1996”
(Re: Schedule 3.1 – No Parking Anytime)
WHEREAS it is deemed expedient that The Corporation of the City of Sarnia amend By-Law Number 100 of 1996 of the City of Sarnia, being “A By-Law to revise and consolidate By-Laws regulating traffic and the parking of motor vehicles within the limits of the City of Sarnia on municipal highways, municipal parking lots and private properties.”
NOW THEREFORE the Municipal Council of The Corporation of the City of Sarnia enacts as follows:
1. Schedule 3.1 (No Parking Anytime) is amended by the addition of: Highway Side From To East St. East Lincoln Park London Road Ave. East St. West London Road 41m North
2. Schedule 3.1 (No Parking Anytime) is amended by the deletion of: Highway Side From To East St. West Lincoln Park 30m North of Ave. London Rd.
Page 103 of 111 By-Law #5 - November 10, 2014
FINALLY PASSED this 10th day of November, 2014.
______Mayor
______City Clerk
Page 104 of 111
BY-LAW NUMBER ______OF 2014 OF THE CITY OF SARNIA
“A By-Law to Amend By-Law Number 100 of 1996” (Re: Schedule 3.1 – No Parking Anytime) By - Law #5
- November 10, 2014 READINGS:
FIRST: November 10, 2014
SECOND: November 10, 2014
THIRD: November 10, 2014
Page 105 of 111 THE CORPORATION OF THE CITY OF SARNIA Engineering Department City Hall Sarnia, Ontario N7T 7N2
Page 106 of 111 By-Law #6 - November 10, 2014
BY-LAW NUMBER ______OF 2014 OF THE CITY OF SARNIA
“A By-Law to Amend By-Law Number 100 of 1996”
(Re: Schedule 6.3.1 – Two Hour Parking Limit, 8:00am to 4:00pm – Monday to Friday)
WHEREAS it is deemed expedient that The Corporation of the City of Sarnia amend By-Law Number 100 of 1996 of the City of Sarnia, being “A By-Law to revise and consolidate By-Laws regulating traffic and the parking of motor vehicles within the limits of the City of Sarnia on municipal highways, municipal parking lots and private properties.”
NOW THEREFORE the Municipal Council of The Corporation of the City of Sarnia enacts as follows:
1. Schedule 6.3.1 (Two Hour Parking, 8:00am to 4:00pm – Monday to Friday) is amended by the addition of: Highway Side From To East St. West Lincoln Park 41m North of Ave. London Rd.
FINALLY PASSED this 10th day of November, 2014.
______Mayor
______City Clerk
Page 107 of 111
BY-LAW NUMBER ______OF 2014 OF THE CITY OF SARNIA
“A By-Law to Amend By-Law Number 100 of 1996” (Re: Schedule 3.1 – No Parking Anytime) By - Law #6
- November 10, 2014 READINGS:
FIRST: November 10, 2014
SECOND: November 10, 2014
THIRD: November 10, 2014
Page 108 of 111 THE CORPORATION OF THE CITY OF SARNIA Engineering Department City Hall Sarnia, Ontario N7T 7N2
By-Law #7 - November 10, 2014
BY-LAW NUMBER ___ OF 2014 OF THE CITY OF SARNIA
“A By-law to Confirm the Proceedings of Council at its Meeting held on The 10th Day of November, 2014” (Re: Confirming By-Law)
WHEREAS Section 5 (1) of The Municipal Act, 2001, as amended, provides that the powers of a municipality shall be exercised by its Council;
AND WHEREAS Section 5 (3) of The Municipal Act, 2001, as amended, provides that municipal powers shall be exercised by by-law;
NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE CITY OF SARNIA ENACTS AS FOLLOWS:
1. All actions of the Council of the Corporation of the City of Sarnia at its meeting held on November 10, 2014 in respect to every report, resolution or other action passed and taken by the Council, including the exercise of natural person powers, are hereby adopted, ratified and confirmed by by-law as if each report, resolution or other action was adopted, ratified and confirmed by its separate by-law.
2. The Mayor and the proper officers of the Corporation of the City of Sarnia are hereby authorized and directed to do all things necessary to give effect to the said actions of the Council of the Corporation of the City of Sarnia referred to in section 1.
Page 109 of 111 By-Law #7 - November 10, 2014
This By-law comes into force and effect upon finally being passed.
FINALLY PASSED this 10th day of November, 2014.
______Mayor
______City Clerk
Page 110 of 111
BY-LAW NUMBER ___ OF 2014 OF THE CITY OF SARNIA
“A By-Law to Confirm the Proceedings of Council
at its Meeting Held on the 10th Day of November, 2014” By - Law #7
READINGS: - November 10, 2014
FIRST: November 10, 2014
SECOND: November 10, 2014
THIRD: November 10, 2014
Page 111 of THE CORPORATION OF THE CITY OF SARNIA City Solicitor/Clerk’s Department City Hall Sarnia, Ontario N7T 7N2